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Part 3 · Licensing of Major Foundational Digital Infrastructure Service Providers

11. Conditions of major FDI licence

(1)

The Authority may grant or renew a major FDI licence subject to any conditions that the Authority may determine.

(2)

For the purpose of subsection (1), the Authority may specify —

(a)

conditions applicable to all licensees;

(b)

conditions applicable to a specified class of licensees; or

(c)

conditions applicable to a specified licensee only.

(3)

Without limiting subsection (1), the conditions that may be imposed include a condition requiring the licensee to pay to the Authority periodic licence fees for the duration of the major FDI licence of a prescribed amount.

(4)

The Authority may at any time, on the Authority’s own initiative or on the application of a licensee, modify any condition of a major FDI licence imposed under subsection (1).

(5)

Before making any modification under subsection (4) on the Authority’s own initiative, the Authority must give notice to the licensee and any other licensee likely to be affected by the modification —

(a)

stating that the Authority proposes to make the modification in the manner specified in the notice;

(b)

stating the reasons why the Authority proposes to make the modification; and

(c)

specifying the time (being not less than 28 days after the date of service of the notice) within which written representations with respect to the proposed modification may be made.

(6)

Upon receiving any written representations mentioned in subsection (5)(c), the Authority must consider the representations and may —

(a)

reject the representations; or

(b)

withdraw or amend the proposed modification in accordance with the representations or otherwise.

(7)

Where —

(a)

the Authority rejects any written representations under subsection (6)(a);

(b)

the Authority amends any proposed modification to the condition of the licence under subsection (6)(b); or

(c)

no written representation is received by the Authority within the time specified by the Authority under subsection (5)(c), or any written representation made by the licensee is withdrawn, and the licensee has not given immediate effect to the modification,the Authority must issue a written direction to the licensee requiring that effect be given within a reasonable time to the modification as specified in the notice given under subsection (5), or as amended by the Authority under subsection (6)(b), as the case may be.

(8)

An application under subsection (4) must be —

(a)

made in writing to the Authority in the form and manner determined by the Authority;

(b)

accompanied by such information and documents as may be determined by the Authority; and

(c)

accompanied by the prescribed fee, if any.

(9)

Upon receiving an application under subsection (4), the Authority may —

(a)

modify the condition in accordance with the application or otherwise; or

(b)

reject the application.

Report

Part 4

Licensing of Data Centre Operators

Part 5

Reconsiderations and Appeals

Part 6

Enforcement

Part 7

Miscellaneous

Part 8

Related Amendments to Cybersecurity Act 2018

Part 9

Saving and Transitional Provisions

Schedules